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For November 5, 2010 through November 11, 2010, the following preliminary appeal statements were filed:

BLAUDZIUNAS v EGAN (74 AD3d 697):
1st Dept. App. Div. order of 6/29/10; affirmance; leave to appeal granted by App. Div., 11/4/10; RELIGIOUS CORPORATIONS AND ASSOCIATIONS - DETERMINATION OF CLAIM TO REAL PROPERTY - RELIGIOUS CORPORATION LAW § 5 - DECISION OF ROMAN CATHOLIC ARCHBISHOP AND TRUSTEES OF SUPPRESSED INCORPORATED PARISH TO DEMOLISH CHURCH BUILDING; STANDING OF PARISHIONERS; Supreme Court, New York County denied plaintiffs' motion for a preliminary injunction enjoining defendants from demolishing a church building, and granted defendants' motion to dismiss the complaint; App. Div. affirmed.

COHN, MATTER OF v BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF CITY OF NEW YORK (74 AD3d 457):
1st Dept. App. Div. order of 6/3/10; reversal; leave to appeal granted by App. Div., 10/28/10; SCHOOLS - TEACHERS - LETTER IN PERSONNEL FILE - HEARING PURSUANT TO EDUCATION LAW § 3020-a - CHALLENGE TO APPELLATE DIVISION ORDER HOLDING THAT, UNDER ARTICLE TWENTY ONE OF CURRENT COLLECTIVE BARGAINING AGREEMENT, TEACHER HAD NO RIGHT TO A HEARING WHERE LETTER IN PERSONNEL FILE DOES NOT RESULT IN ADMINISTRATIVE CHARGES OR OTHER DISCIPLINARY SANCTIONS; Supreme Court, New York County granted a CPLR article 78 petition and directed expungement of a letter in petitioner's personnel file; App. Div. reversed, denied the petition and dismissed the proceeding.

DELAMOTA (SEBASTIAN), PEOPLE v (74 AD3d 1225):
2nd Dept. App. Div. order of 6/22/10; affirmance; leave to appeal granted by Pigott, J., 11/1/10; CRIMES - IDENTIFICATION OF DEFENDANT - EYEWITNESS IDENTIFICATION; SUPPRESSION HEARING; Supreme Court, Queens County convicted defendant, upon a jury verdict, of robbery in the first degree, criminal possession of a weapon in the third degree and menacing in the second degree, and imposed sentence; App. Div. affirmed.

GECETCHKORI, MATTER OF v ANNUCCI (77 AD3d 1003):
3rd Dept. App. Div. order of 10/7/10; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PRISONS AND PRISONERS - CITIZEN OF THE REPUBLIC OF GEORGIA CURRENTLY INCARCERATED IN NEW YORK - CHALLENGE TO APPELLATE DIVISION ORDER AFFIRMING JUDGMENT DISMISSING PETITIONER'S CPLR ARTICLE 78 PETITION CHALLENGING RESPONDENT'S DETERMINATION DENYING HIS REQUEST TO BE TRANSFERRED TO THE REPUBLIC OF GEORGIA - CLAIM THAT CORRECTION LAW § 71(1-b) IS UNCONSTITUTIONAL; Supreme Court, Albany County dismissed petitioner's application, in a CPLR article 78 proceeding, to review respondent's determination denying his request to be transferred to the Republic of Georgia; App. Div. affirmed.

NEW YORK STATE SUPERFUND COALITION, INC., MATTER OF v NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (68 AD3d 1588):
3rd Dept. App. Div. order of 12/31/09; modification; leave to appeal granted by Court of Appeals, 10/26/10; ENVIRONMENTAL CONSERVATION - HAZARDOUS WASTE - VALIDITY OF REGULATION - WHETHER RESPONDENT DEPARTMENT OF ENVIRONMENTAL CONSERVATION EXCEEDED ITS AUTHORITY IN PROMULGATING 6 NYCRR 375-2.8(a) AND 375-1.8(f)(9) - REGULATIONS WITH A STATED GOAL OF RESTORING CONTAMINATED INACTIVE HAZARDOUS WASTE SITES TO "PRE-DISPOSAL CONDITIONS" - WHETHER APPELLATE DIVISION CORRECTLY DEFERRED TO AGENCY INTERPRETATION OF STATUTE; Supreme Court, Albany County, among other things, partially granted petitioner's application, in a combined proceeding pursuant to CPLR article 78 and action for a declaratory judgment, to annul certain regulations promulgated by respondent Department of Environmental Conservation; App. Div. modified the amended judgment by reversing so much thereof as granted petitioner's application to annul 6 NYCRR 375-2.8(a) and 375-1.8(f)(9), dismissed the petition to that extent, and affirmed as so modified.

PARKHURST, MATTER OF v UNITED RENTALS AERIAL EQUIPMENT, INC. (75 AD3d 702):
3rd Dept. App. Div. order of 7/1/10; affirmance; leave to appeal granted by Court of Appeals, 10/26/10; WORKERS' COMPENSATION - WHETHER THE 2007 AMENDMENTS TO THE WORKERS' COMPENSATION LAW REQUIRE EMPLOYERS TO DEPOSIT THE PRESENT VALUE OF THE UNCAPPED PERMANENT PARTIAL DISABILITY AWARD INTO THE AGGREGATE TRUST FUND - WORKERS' COMPENSATION LAW § 27(2); App. Div. affirmed 6/22/09, 6/25/09 and 7/3/09 decisions of the Workers' Compensation Board which, among other things, directed each of the employers' workers' compensation carriers to make a deposit into the aggregate trust fund pursuant to Workers' Compensation Law § 27(2).

PATRIOT EXPLORATION LLC v THOMPSON & KNIGHT (75 AD3d 482):
1st Dept. App. Div. order of 7/27/10; affirmance; leave to appeal granted by App. Div., 10/26/10; Rule 500.11 review pending; COURTS - FORUM NON CONVENIENS - WHETHER MOTION COURT ABUSED ITS DISCRETION IN DECLINING TO DISMISS ACTION ON FORUM NON CONVENIENS GROUNDS (CPLR 327[a]) - WHETHER MOTION COURT COULD CONDITION AN INCONVENIENT-FORUM DISMISSAL ON A WAIVER OF THE FOREIGN FORUM'S TWO-YEAR STATUTE OF LIMITATIONS; Supreme Court, New York County denied defendant's motion for dismissal of the action on the ground that New York is an inconvenient forum; App. Div. affirmed.

RAYNOR, MATTER OF v LANDMARK CHRYSLER (75 AD3d 697):
3rd Dept. App. Div. order of 7/1/10; leave to appeal granted by Court of Appeals, 10/26/10; WORKERS' COMPENSATION - AGGREGATE TRUST FUND - MANDATORY LUMP-SUM PAYMENT OF PRESENT VALUE OF NONSCHEDULE PERMANENT PARTIAL DISABILITY (PPD) AWARDS MADE ON OR AFTER JULY 1, 2007 - CHALLENGE TO 2007 AMENDMENT TO WORKERS' COMPENSATION LAW § 27(2) (L 2007, Ch. 6, § 46) - APPLICABILITY TO AWARD MADE AFTER JULY 1, 2007 WHERE INJURIES ARE SUSTAINED BEFORE THE MARCH 31, 2007 EFFECTIVE DATE OF AMENDMENT CAPPING THE NUMBER OF WEEKS FOR WHICH A CLAIMANT CAN RECEIVE PPD BENEFITS - CONSTITUTIONAL CHALLENGES TO THE 2007 AMENDMENT BASED UPON THE TAKING, CONTRACTS, DUE PROCESS AND EQUAL PROTECTION CLAUSES OF THE FEDERAL CONSTITUTION - CLAIM THAT COMPUTATION OF THE PRESENT VALUE OF A LUMP-SUM PAYMENT OF UNCAPPED PPD AWARDS IS SPECULATIVE AND THEREFORE IMPROPER; App. Div. order that, as relevant here, affirmed a 5/7/09 Workers' Compensation Board decision that directed the employer's workers' compensation carrier to make a deposit into the aggregate trust fund pursuant to Workers' Compensation Law § 27(2).

RICH v EAST 10TH STREET ASSOCIATES LLC (77 AD3d 60):
1st Dept. App. Div. order of 7/27/10 modification; leave to appeal granted by App. Div., 10/28/10; Rule 500.11 review pending; LANDLORD AND TENANT - RENT - ACTION TO RECOVER RENT OVERCHARGES PAID UNDER LEASES SUBJECT TO THE RENT STABILIZATION LAW OF 1969 - WHETHER THE PROPER BASE DATE FOR DETERMINING AN OVERCHARGE IS DEEMED TO BE FOUR YEARS BEFORE THE FILING OF THE OVERCHARGE COMPLAINT - CPLR 213-a - RENT STABILIZATION CODE (9 NYCRR) § 2520.6(f); Supreme Court, New York County denied the motion of defendant 256 10th Street NY, LLC for summary judgment dismissing the complaint; App. Div. modified by vacating the base rent finding and substituting therefor a finding that the base rent is the rent charged four years before the filing of the overcharge complaint, and otherwise affirmed.

SMITH (HOWARD K.), PEOPLE v (27 Misc 3d 135(A)):
App. Term, 9th & 10th Judicial Districts, order of 4/28/10; affirmance; leave to appeal granted by Pigott, J., 10/27/10; CRIMES - DRIVING WHILE ABILITY IMPAIRED - WHEN POLICE ASKED DEFENDANT IF HE WOULD CONSENT TO A CHEMICAL SOBRIETY TEST, DEFENDANT REPEATEDLY REPLIED THAT HE WANTED TO SPEAK WITH HIS ATTORNEY - WHETHER REQUEST TO SPEAK WITH ATTORNEY CAN BE CONSIDERED A REFUSAL TO SUBMIT TO TEST - ADMISSIBILITY OF EVIDENCE OF REFUSAL AT TRIAL; Justice Court of Town of Orangetown convicted defendant, after a nonjury trial, of driving while ability impaired; App. Term affirmed.

For November 12, 2010 through November 18, 2010, the following preliminary appeal statements were filed:

BRADSHAW (JAY JOMAR), PEOPLE v (76 AD3d 566):
2nd Dept. App. Div. order of 8/10/10; reversal; leave to appeal granted by Fisher, J., 10/14/10; CRIMES - APPEAL - WAIVER OF RIGHT TO APPEAL - WHETHER DEFENDANT'S WAIVER OF HIS RIGHT TO APPEAL WAS KNOWING AND VOLUNTARY; Supreme Court, Kings County convicted defendant, upon his guilty plea, of rape in the first degree, and imposed sentence; App. Div. reversed, vacated the plea, suppressed the identification testimony, and remitted the matter to Supreme Court for further proceedings consistent with the Appellate Division decision.

GARDNER (DAMIAN), PEOPLE v (2010 NY Slip Op 66809[U]):
2nd Dept. App. Div. order of 3/26/10; dismissal of appeal; leave to appeal granted by Jones, J., 11/8/10; CRIMES - APPEAL - ABSENCE OF DEFENDANT - INVOLUNTARY DEPORTATION - WHETHER THE APPELLATE DIVISION ERRED IN DISMISSING DEFENDANT'S APPEAL ON THE GROUND THAT HE HAD BEEN DEPORTED AND WAS NO LONGER AVAILABLE TO OBEY THE MANDATE OF THE COURT WHERE DEFENDANT SERVED HIS SENTENCE, HAD BEEN PAROLED TO THE CUSTODY OF IMMIGRATION AND CUSTOMS ENFORCEMENT, AND ARGUED ON APPEAL THAT THE EVIDENCE WAS LEGALLY INSUFFICIENT TO SUPPORT HIS CONVICTION; App. Div. granted respondent's motion to dismiss an appeal from a 6/30/08 Supreme Court, Queens County judgment on the ground that appellant has been deported and is no longer available to obey the mandate of the court, and dismissed the appeal.

HENDERSON v MANHATTAN and BRONX SURFACE TRANSIT OPERATING AUTHORITY (74 AD3d 654):
1st Dept. App. Div. order of 6/24/10; affirmance; leave to appeal granted by App. Div., 10/28/10; Rule 500.11 review pending; DISCLOSURE - PENALTY FOR FAILURE TO DISCLOSE - ANSWER STRICKEN PURSUANT TO CONDITIONAL ORDER FOR DEFENDANTS' FAILURE TO FULLY COMPLY WITH DISCOVERY DEMANDS; Supreme Court, Bronx County denied defendants' motion to vacate a 6/20/07 order of the same court granting plaintiff's motion to strike the answer unless defendant fully complied with certain discovery demands within 60 days after service of the order and paid a $1,000 penalty to plaintiff; App. Div. affirmed.

L&M BUS CORP., MATTER OF v THE NEW YORK CITY DEPARTMENT OF EDUCATION (71 AD3d 127):
1st Dept. App. Div. order of 12/22/09; affirmance; leave to appeal granted by Court of Appeals, 10/26/10; MUNICIPAL CORPORATIONS - BIDS AND BIDDERS - REQUEST FOR BIDS - WHETHER EMPLOYEE PROTECTION PROVISIONS VIOLATE THE PUBLIC BIDDING LAWS; Supreme Court, New York County invalidated numerous specifications in a bid solicitation for a school transportation contract; App. Div. affirmed.

PAGAN (JORGE), PEOPLE v (76 AD3d 414):
1st Dept. App. Div. order of 8/10/10; affirmance; leave to appeal granted by Moskowitz, J., 10/30/10; Rule 500.11 review pending; CRIMES - UNLAWFUL SEARCH AND SEIZURE - ORDER ENLARGING CONDITIONS OF PROBATION TO INCLUDE WARRANTLESS SEARCHES OF DEFENDANT'S HOME - CPL 410.20 and 410.50(3) - ISSUANCE OF HOME SEARCH ORDER IN ABSENCE OF REASONABLE CAUSE TO BELIEVE THAT DEFENDANT VIOLATED CONDITIONS OF PROBATION; Supreme Court, Bronx County enlarged the conditions of defendant's sentence of probation to permit searches of his home, concomitant with home visits by the Department of Probation; App. Div. affirmed.

RICHARDS, MATTER OF v CUOMO:
Supreme Court, Franklin County judgment of 10/22/10; dismissal of petition; sua sponte examination whether any jurisdictional basis exists to support an appeal as of right pursuant to CPLR 5601(b)(2); PROCEEDING AGAINST BODY OR OFFICER - PROHIBITION - CHALLENGE TO SUPREME COURT JUDGMENT THAT, AMONG OTHER THINGS, DISMISSED A CPLR ARTICLE 78 PETITION IN THE NATURE OF PROHIBITION; Supreme Court, among other things, dismissed a CPLR article 78 petition in the nature of prohibition.

YENEM CORP. v 281 BROADWAY HOLDINGS (76 AD3d 225):
1st Dept. App. Div. order of 8/3/10; reversal; leave to appeal granted by App. Div., 11/4/10; NEGLIGENCE - VIOLATION OF STATUTORY DUTY - LIABILITY FOR DAMAGE CAUSED BY EXCAVATION WORK ON ADJOINING PROPERTY - WHETHER A MUNICIPAL ORDINANCE THAT IMPOSES A DUTY UPON THOSE PERFORMING EXCAVATION WORK 10 FEET BELOW THE CURB LEVEL TO "PRESERVE AND PROTECT" ADJOINING STRUCTURES (ADMINISTRATIVE CODE OF THE CITY OF NY FORMER § 27-1031[b][1] [NOW ADMINISTRATIVE CODE OF THE CITY OF NY § 28-3309.4]) IMPOSES ABSOLUTE LIABILITY SO AS TO WARRANT SUMMARY JUDGMENT ON THE ISSUE OF LIABILITY IN FAVOR OF PLAINTIFFS, THE OWNER AND TENANT OF PREMISES ALLEGEDLY DAMAGED BY DEFENDANTS' EXCAVATION WORK ON THE ADJACENT PROPERTY - CONSIDERATION OF PRIOR CONDITION OF BUILDING AND ADEQUACY OF PRECAUTIONS IN DETERMINING LIABILITY; LEAVE GRANTED TO DEFENDANTS TO ASSERT COUNTERCLAIMS AGAINST PLAINTIFF RANDALL CO. LLC; Supreme Court, New York County granted plaintiff Randall Co. LLC's motion for summary judgment on the issue of liability and denied the cross motion of defendants 281 Broadway Holdings and The John Buck Co. for, among other things, leave to amend their answer; App. Div. reversed, denied plaintiff's motion, and granted defendants leave to amend their answer to assert counterclaims against plaintiff.